Iowa Code

Iowa Code § 561.13 (2026)

Conveyance or encumbrance

✓ current as of July 2026

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1. A conveyance or encumbrance of, or contract to convey or encumber the homestead, if the owner is married, is not valid, unless and until the spouse of the owner executes the same or a like instrument, or a power of attorney for the execution of the same or a like instrument, except as provided in subsection 3. However, when the homestead is conveyed or encumbered along with or in addition to other real estate, it is not necessary to particularly describe or set aside the tract of land constituting the homestead, whether the homestead is exclusively the subject of the contract or not, but the contract may be enforced as to real estate other than the homestead at the option of the purchaser or encumbrancer.

2. If a spouse who holds only homestead rights and surviving spouse’s statutory share in the homestead specifically relinquishes homestead rights in an instrument, including a power of attorney constituting the other spouse as the husband’s or wife’s attorney in fact, as provided in section 597.5, it is not necessary for the spouse to join in the granting clause of the same or a like instrument.

3. A conveyance or encumbrance or a contract to convey or encumber the homestead is not invalid under subsection 1 if any of the following apply:

a. The nonsigning spouse’s interest is terminated by a decree of dissolution of marriage or other order of the court.

b. The nonsigning spouse’s right of recovery is barred by section 614.15.

c. The encumbrance is a purchase money mortgage as defined in section 654.12B.

d. A court sitting in equity enters a decree holding that invalidating the conveyance or encumbrance or a contract to convey or encumber the homestead would, directly or indirectly, unjustly enrich the nonsigning spouse.

4. For the purposes of this section, “nonsigning spouse” means a spouse who has not executed a conveyance or encumbrance or a contract to convey or encumber the homestead, the same or a like instrument, or a power of attorney for the execution of the same or a like instrument. [C51, §1247; R60, §2279; C73, §1990; C97, §2974; C24, 27, 31, 35, 39, §10147; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.13; 81 Acts, ch 181, §1] 91 Acts, ch 106, §1; 2007 Acts, ch 68, §1, 2; 2011 Acts, ch 11, §1 Referred to in §597.5, 614.14, 633B.204\n\nTue Dec 09 22:01:00 2025 Iowa Code 2026, Chapter 561 (25, 0) §561.14, HOMESTEAD 4 \n

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1984–2025 · leading case: Martin v. Martin, 720 N.W.2d 732 (Iowa 2006).

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Martin v. Martin, 720 N.W.2d 732 (Iowa 2006). · cites it 5× “See Iowa Code § 561.13 (“A conveyance or encumbrance of .”

Peoples Bank & Trust Co. of Cedar Rapids v. Lala, 392 N.W.2d 179 (Iowa Ct. App. 1986). · cites it 2× “1984); Iowa Code § 561.13 (1985). See Brown v. Vonnahme, 343 N.”

In the Matter of the Est. of Glen A. Waterman, Jingles Ti-Okay Waterman, 847 N.W.2d 560 (Iowa 2014). “See Iowa Code § 561.13 . Applying the provisions of section 561.”

In Re the Est. of Johnson, 739 N.W.2d 493 (Iowa 2007). “” Iowa Code § 561.13 (2005). Roy was clearly attempting to convey the homestead, albeit his own interest to himself.”

Kettler v. Sec. Nat'l Bank of Sioux City, 805 N.W.2d 817 (Iowa Ct. App. 2011). “(citing Iowa Code § 561.13 ). Consequently the “deed was totally void.”

Beal Bank v. Siems, 670 N.W.2d 119 (Iowa 2003). “Iowa Code § 561.13 ; see also id. § 561.16 (providing person’s homestead is exempt from judicial sale).”

IRS v. Petersen (In Re Petersen), 312 B.R. 385 (Bankr. D. Iowa 2004). “Iowa Code § 561.13 . She may not remove him from the property without his consent.”

In Re Hebert, 301 B.R. 19 (Bankr. D. Iowa 2003). “Iowa Code § 561.13 . The issue in White was the effect of the waiver on a new homestead.”

In Re Kampen, 190 B.R. 99 (Bankr. D. Iowa 1995). “Iowa Code § 561.13 . Furthermore, it is only property exempted through bankruptcy that is protected from nondischargeable claims.”

United States v. Bachman, 584 F. Supp. 1002 (S.D. Iowa 1984). “See Iowa Code § 561.13 . Similarly, the homestead is exempt from judicial sale in Iowa.”

Shara L. Bras (Bankr. D. Iowa 2025). · cites it 2× “See Iowa Code § 561.13 . The relevant provision of Iowa Code § 561.”

Bobby D. Martin, Sr. Vs. Bobby D. Martin II (Iowa 2006). · cites it 3× “See Iowa Code § 561.13 (“A conveyance or encumbrance of .”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.